THE PARTICIPATION OF THE PARTIES IN PROVING: ETHICAL LEGAL ASPECT
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
Proof is defined as the activity of competent participants procedural relations on the collection, verification and evaluation of evidence for the purpose of establishment of circumstances relevant for correct resolution of the criminal proceedings. In accordance with the Criminal procedure law, the defendant and the victim have equal rights for the collection of evidence with the prosecution in criminal proceedings. Even lists the ways that the defense and the victim must carry out the proof. About aligning themselves with the protection of the victim and to the subject of proof in the law says for some reason only one of the elements of proof – evidence-gathering. But the theoretical understanding of proof, provides for full procedural process of this procedure, namely, collecting, checking and evaluating evidence. That is to say that the defense or the victim have the ability to gather evidence, this in our opinion is not correct, because these persons can only gather information about the facts or the evidence and pass them on, like court, and he will decide whether these facts are evidence, and only after such recognition and appropriate procedural clearance, they shall have the force of evidence. Until then, it's just information about the facts. The solution of this problem is possible under conditions when: the closure of criminal proceedings will be priority only the court and the investigative actions on the initiative of the party of protection will be carried out by an investigator who performs the criminal proceedings, and on behalf of the court, the investigator, body of preliminary investigation, which is in a different area. Or, as it is practiced in States with English Saxon legal system – a private detective as, for example, this already exists in England, USA. Secondly, to the Criminal procedural law are required to pay a Supplement in which to explain, in which cases, the victim bears the burden of proof. In our opinion, this should be only for cases of private prosecution. Thirdly, the existing Criminal procedure law are required to pay a Supplement that mandatory inspection and securing of evidence must be carried out by the investigating judge and not an investigator.
Authors and Affiliations
Andrey Shulga
Keywords
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